The broadest reasonable interpretation cannot in fact, be unreasonable.

Or, “Here, the something is a potato” In Ex Parte Barber, the Board reversed the Examiner on all grounds, and on one in particular, held that the Examiner’s broadest reasonable interpretation of the claim recitation “potato slice”, was unreasonable.  Specifically, the Examiner had construed a teaching of a dough that included potato flour, that was […]

Amazon held strictly liable in products liability case

In Oberdorf v. Amazon https://www2.ca3.uscourts.gov/opinarch/181041p.pdf, plaintiffs sued Amazon after the d-ring on a dog collar bought on Amazon failed, resulting in the retractable leash attached thereto recoiling back and hitting plaintiff in the face, permanently blinding her in one eye.  The 3rd circuit court of appeals reversed the district court and held that Amazon can […]

Claims directed to method of detecting a mutation in dog DNA held patent ineligible under §101

On August 9, 2019, the US Court of Appeals for the Federal Circuit so held.  The patent covered ways to genotype Labrador Retrievers for the presence of a mutation in the SUV39H2 gene associated with Hereditary Nasal Parakeratosis (HNPK).  The invalidated claims were directed to methods of genotyping and required only obtaining a biological sample, […]

Same Day Corrections to PCT application filings possible via ePCT

Provided that the Receiving office to which the applicant was submitted is an office that uses ePCT , same day corrections may be made to international applications filed using ePCT, up until midnight in the time zone of the receiving office.  https://pct.eservices.wipo.int/direct.aspx?T=EN&UG=4&N=612%20&timeoffsetcookie=1 If the incorrect or missing element was incorporated by reference in the international application, […]

Relationship App 3fun Leaks Real Time Location Data

As well as pictures and personal details.  If its users were unaware of the risks of real-time location monitoring, they are now….https://www.pentestpartners.com/security-blog/group-sex-app-leaks-locations-pictures-and-other-personal-details-identifies-users-in-white-house-and-supreme-court/?te=1&nl=the-privacy%20project&emc=edit_priv_20190813?campaign_id=122&instance_id=11616&segment_id=16124&user_id=12d8e47b89a5294a789c8863f2d24b8a&regi_id=65361488

Free Tools to Reclaim Data Seized by Ransomware

https://www.nytimes.com/2019/08/14/opinion/ransomware.html

USPTO Announces Unauthorized Changes have been made to some TM Applications and Registrations

https://www.uspto.gov/trademark/trademark-updates-and-announcements/unauthorized-changes-your-file

Cookies under the GDPR/PECR

The UK’s ICO has published some guidance (and a tool! https://ico.org.uk/for-organisations/where-does-consent-apply-for-cookies/) on the use of cookies that will be helpful to providers/operators of online services under the jurisdiction of the GDPR/PECR.  https://ico.org.uk/for-organisations/guide-to-pecr/guidance-on-the-use-of-cookies-and-similar-technologies/

Warren and Brandeis, “The Right to Privacy,” Harvard Law Review, Vol IV, No. 5, pages 193-219, December 15, 1890

In this article, the soon to be Supreme Court justices argue that a right to privacy is a recognizable property right separate from physical property rights, while also distinguishing it from other intellectual property rights: These considerations lead to the conclusion that the protection afforded to thoughts, sentiments, and emotions, expressed through the medium of […]

Corporate entity’s obligations “to care only about itself and define good as what makes it more money” represent a “textbook case of antisocial personality disorder”

This article in the ABA Journal makes the point that CEO’s are currently legally obligated to act like sociopaths – and perhaps if we want better, we need to obligate them otherwise.  I can’t say I disagree…. http://www.abajournal.com/news/article/ethics-fix-can-stop-ceos-from-acting-like-sociopaths-former-biglaw-lawyer-says?utm_source=salesforce_94154&utm_medium=email&utm_campaign=weekly_email&utm_medium=email&utm_source=salesforce_94154&sc_sid=03255440&utm_campaign=&promo=&utm_content=&additional4=&additional5=&sfmc_j=94154&sfmc_s=50769396&sfmc_l=1527&sfmc_jb=92&sfmc_mid=100027443&sfmc_u=3800744